Bowley v. McFadden

Supreme Court of New Jersey

Bowley v. McFadden

146 A. 788, 7 N.J. Misc. 646, 1929 N.J. Sup. Ct. LEXIS 186

DecidedJuly 5, 1929

StatusPublished

This text of 146 A. 788 (Bowley v. McFadden) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowley v. McFadden, 146 A. 788, 7 N.J. Misc. 646, 1929 N.J. Sup. Ct. LEXIS 186 (N.J. 1929).

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Opinion

The opinion of the court was delivered by

Bodine, J.

The petitioner was arrested on November 10th, 1928, for a violation of the Motor Yehicle act. He appeared in court before J. Leedom Smith, a justice of the peace, on November 12th, 19.28, but no action whatever was taken. On November 16th, 1928, in the absence of petitioner, a plea of guilty was entered by the justice of the peace and a fine of $200 and costs was imposed. The conviction must be set aside for the reason that a plea of guilty must be interposed by the defendant charged with crime. It cannot be entered in a defendant’s absence.

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The opinion of the court was delivered by

Bodine, J.

The petitioner was arrested on November 10th, 1928, for a violation of the Motor Yehicle act. He appeared in court before J. Leedom Smith, a justice of the peace, on November 12th, 19.28, but no action whatever was taken. On November 16th, 1928, in the absence of petitioner, a plea of guilty was entered by the justice of the peace and a fine of $200 and costs was imposed. The conviction must be set aside for the reason that a plea of guilty must be interposed by the defendant charged with crime. It cannot be entered in a defendant’s absence.

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Bluebook (online)

146 A. 788, 7 N.J. Misc. 646, 1929 N.J. Sup. Ct. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowley-v-mcfadden-nj-1929.